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Hawes v. Bigbie

170 S.E.2d 302, 120 Ga. App. 294, 1969 Ga. App. LEXIS 746
CourtCourt of Appeals of Georgia
DecidedSeptember 9, 1969
Docket44723
StatusPublished
Cited by7 cases

This text of 170 S.E.2d 302 (Hawes v. Bigbie) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hawes v. Bigbie, 170 S.E.2d 302, 120 Ga. App. 294, 1969 Ga. App. LEXIS 746 (Ga. Ct. App. 1969).

Opinion

Bell, Chief Judge.

Compliance with Code Ann. § 3-116 is an absolute condition precedent before a valid judgment may be entered against the State of Georgia or any of its officials acting in their official capacity. Otherwise, the judgment is void. The record in this case does not affirmatively show that the requirements of the Code section were met. The judgment is therefore void on its face. A void judgment may be attacked in any court and by any person. Code Ann. § 81A-160 (a). Edwards v. Lampkin, 112 Ga. App 128 (144 SE2d 119), affirmed 221 Ga. 486 (145 SE2d 518).

Judgment reversed.

Eberhardt and Deen, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
170 S.E.2d 302, 120 Ga. App. 294, 1969 Ga. App. LEXIS 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawes-v-bigbie-gactapp-1969.